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Old 04-21-2006, 13:18 PM   #71 (permalink)
Shek
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http://www.usc.edu/dept/MSA/quran/004.qmt.html

Quote:
004.011
YUSUFALI: Allah (thus) directs you as regards your Children's (Inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased Left brothers (or sisters) the mother has a sixth. (The distribution in all cases ('s) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah; and Allah is All-knowing, Al-wise.
PICKTHAL: Allah chargeth you concerning (the provision for) your children: to the male the equivalent of the portion of two females, and if there be women more than two, then theirs is two-thirds of the inheritance, and if there be one (only) then the half. And to each of his parents a sixth of the inheritance, if he have a son; and if he have no son and his parents are his heirs, then to his mother appertaineth the third; and if he have brethren, then to his mother appertaineth the sixth, after any legacy he may have bequeathed, or debt (hath been paid). Your parents and your children: Ye know not which of them is nearer unto you in usefulness. It is an injunction from Allah. Lo! Allah is Knower, Wise.
SHAKIR: Allah enjoins you concerning your children: The male shall have the equal of the portion of two females; then if they are more than two females, they shall have two-thirds of what the deceased has left, and if there is one, she shall have the half; and as for his parents, each of them shall have the sixth of what he has left if he has a child, but if he has no child and (only) his two parents inherit him, then his mother shall have the third; but if he has brothers, then his mother shall have the sixth after (the payment of) a bequest he may have bequeathed or a debt; your parents and your children, you know not which of them is the nearer to you in usefulness; this is an ordinance from Allah: Surely Allah is Knowing, Wise.
Asim,
Here is the verse that spells out the double inheritance rule. I know that there are other verses and hadith that further explicate all this fractional math that hurts my head, but to my knowledge, none of them change the formula that males receive double the inheritance as females.

Also, while you can will up to 1/3 of your estate, that this cannot be used to give the Quranic inheritors more than their Quranic share.

Quote:
Moreover, it is unlawful and invalid to make a bequest (Wasiyya) in
favour of an individual who automatically is entitled to receiving a
share of the estate, such as one’s spouse, children and parents, etc.
The Messenger of Allah (Allah bless him & give him peace) said in his
historic sermon (khutba) of his farewell hajj (haj al-Wada’ ): “Verily
Allah has given each rightful person their right, thus there is no
bequest in favour of a inheritor.” (Sunan Tirmidhi, no: 2120, narrated
by Sayyiduna Abu Umama al-Bahili)
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Last edited by Shek : 04-21-2006 at 13:26 PM.
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